DETAILED ACTION
This action is in response to the Applicant Remarks received on March 30, 2026. Claims 1-2 and 4-16 are pending with claim 3 canceled and claims 1-2 and 4-16 currently amended.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-2 and 4-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sogabe [US20010011034A1].
Regarding claim 1 (Currently Amended), Sogabe discloses:
A non-transitory computer readable medium storing a program that, when executed by a computer, causes the computer to perform a method comprising:
executing a computer game comprising a main competition game in which a player uses a game medium and a raising game in which the player raises the game medium (Sogabe, [0035], “The race-horse breeding game of the present invention progresses in such a manner that the user, who is an owner of horses, inputs various selection and instruction, and the game system produces race-horses from the sires and mares selected by the user, breeds them and make them run the races.”);
accepting, within the computer game, a material game medium that is selected by the player among a group of material game media as a raising game medium that is to be raised in the raising game (Sogabe, [0038], “In the race-horse breeding game according to the present invention, the user hypothetically experiences the horse owner (and therefore a breeder) and selects breeding horses for mating.” The user selects the horses/characters (i.e., material game medium).);
accepting, within the computer game and as an inherited game medium, a raised game medium selected from a group of raised game media including a plurality of raised game media the raising of which has been completed by the player in the raising game (Sogabe, [0039], “The sires of another kind are “user-made sires” which are produced by the user, run the races and then become sires after their retirement in the course of the game progress.”);
executing, within the computer game, the raising game in which the raising game medium is to be raised, changing a raising parameter varying in the raising game based on at least one item of property information possessed by the inherited game medium (Sogabe, [0012], “…a child horse ability determining unit for determining a basic ability value of a child horse based on pedigree data of the sire designated by the sire designating unit…”); and
generating, within the computer game, the raised game medium by associating a character ID included in the raising game medium with the raising parameter upon completion of the raising game (Sogabe, [0011], “a sire list producing unit for producing a sire list including indication of the mating fees for all sires determined by the mating fee determining unit and for displaying the sire list on the display device. By this, the mating fee is determined based on the updated evaluation values, and then the sire list is produced which indicates the mating fees thus determined for all sires.” See “Response to Arguments” below for further explanation.).
Regarding claim 2 (Currently Amended), Sogabe discloses:
The non-transitory computer readable medium according to claim 1, wherein the method further comprises
adding, as the raised game medium to the group of raised game media, the raising game medium the raising of which has been completed in the raising game (Sogabe, [0038], “In the race-horse breeding game according to the present invention, the user hypothetically experiences the horse owner (and therefore a breeder) and selects breeding horses for mating. At that time, the user generally selects a breeding sire from a predetermined sire list, and mates the selected breeding sire with a breeding mare that he or she owns.”).
Regarding claim 3, the Applicant has elected to cancel the claim.
Regarding claim 4 (Currently Amended), Sogabe discloses:
The non-transitory computer readable medium according to claim 1,
wherein the at least one item of property information includes expression-defined-type information an effect of which is expressed definitely upon a start of the raising game (Sogabe, [0054], “Specifically, first the basic ability value of the child horse is determined based on the stability of the sire and the breeding mare.”).
Regarding claim 5 (Currently Amended), Sogabe discloses:
The non-transitory computer readable medium according to claim 4,
wherein the method further comprises changing the raising parameter corresponding to the expression-defined-type information of the inherited game medium (Sogabe, [0012], “The control device may further include a sire designating unit for receiving a designation of the sire by the user; a child horse ability determining unit for determining a basic ability value of a child horse based on pedigree data of the sire designated by the sire designating unit; and a child horse ability correcting unit for correcting the basic ability value of the child horse for the designated sire based on variation amount of the updated evaluation value.”).
Regarding claim 6 (Currently Amended), Sogabe discloses:
The non-transitory computer readable medium according to claim 1,
wherein the at least one item of property information includes lottery-type information an effect of which is expressed based on a probability-based lottery executed at a predetermined timing during the raising game (Sogabe, [0079], “Specifically, whether or not the influence of the degree of strong-horse production occurs may be determined as follows. First, a random number β is generated.”).
Regarding claim 7 (Currently Amended), Sogabe discloses:
The non-transitory computer readable medium according to claim 6, wherein the method further comprises
changing the raising parameter corresponding to each item of the lottery-type information based on a result of the probability-based lottery (Sogabe, [0085], “If it is determined that the influence occurs (step S56: Yes), then the influence value of the degree of strong-horse production is calculated, according to the equation (8), for each parameter defining the racing ability of the child horses (step S58). Then, based on the absolute value of the variation of the sire evaluation value obtained in step S50, the influence value obtained in step S58 is added to or subtracted from the basic ability value of the child horse obtained in step S8 in FIG. 2B to obtain the corrected ability of the child horse (step S60).”).
Regarding claim 8 (Currently Amended), Sogabe discloses:
The non-transitory computer readable medium according to claim 7, wherein the method further comprises
determining, for each item of the lottery-type information, whether or not to change the raising parameter corresponding to said lottery-type information based on an expression probability corresponding to said lottery-type information (Sogabe, [0079], “…whether or not the influence of the degree of strong-horse production occurs may be determined as follows. First, a random number β is generated. Then, the influence occurring probability of the degree of strong-horse production is obtained…”).
Regarding claim 9 (Currently Amended), Sogabe discloses:
The non-transitory computer readable medium according to claim 8, wherein the method further comprises
calculating an effect amount based on weights for effect amounts that are associated with the lottery-type information and that are used to change the raising parameter (Sogabe, [0041], “For the data processing in the game, the ability evaluation of the sire is represented as a parameter “sire evaluation value”. In addition, as other parameters associated with the evaluation of the sire, “earning index” and “stability” are prepared. The “earning index” represents the prize earning efficiency of the child horse produced from the sire, and is an index representing probability that the sire produces strong child horse. The sire evaluation value is based on the earning index…”).
Regarding claim 10 (Currently Amended), Sogabe discloses:
The non-transitory computer readable medium according to claim 8, wherein the method further comprises
correcting the expression probability corresponding to the lottery-type information based on an affinity between the raising game medium and the inherited game medium (Sogabe, [0054], “Then, the basic ability value is corrected based on the respective pedigree data of the sire and the breeding mare, in consideration of the backgrounds and/or the affinity of the sire and the breeding mare in terms of those pedigrees.”).
Regarding claims 11-12 and 14-16, the claims share similar limitations to the claims above. For citations on rejection, see the rejection of the above claims.
Regarding claim 13 (Currently Amended), Sogabe discloses:
The non-transitory computer readable medium according to claim 1, wherein the method further comprises
adding the raised game medium of another player to the group of raised game media (Sogabe, [0045], “…a communications control device 11 is connected via a bus 14 to the CPU 1, and a play controller 12 and the auxiliary storage device 13 are detachably connected to the CPU 1 via the communication control device 11.”).
Response to Arguments
Applicant’s arguments, see page 10 of the Remarks, filed March 18, 2026, with respect to the objection to claim 15 have been fully considered and are persuasive. The objection of claim 15 has been withdrawn.
Applicant's remaining arguments filed March 18, 2026 have been fully considered but they are not persuasive.
Regarding claim 1, in the Remarks filed March 18, 2026 on page 13, para 2, the Applicant argues:
“Applicant respectfully notes that a person of ordinary skill in the art would not reasonably construe an "earning index" to be an identifier (ID).”
The Examiner respectfully submits that although an earning index may not be considered an identifier (ID), Sogabe discloses a “sire list”. In [0011], Sogabe discloses, “a sire list producing unit for producing a sire list including indication of the mating fees for all sires determined by the mating fee determining unit and for displaying the sire list on the display device. By this, the mating fee is determined based on the updated evaluation values, and then the sire list is produced which indicates the mating fees thus determined for all sires.” The sire list must maintain a form of identifier to track each sire. Although Sogabe may not disclose an explicit ID, one of ordinary skill in the art would understand that, within the field of game development, an identifier, which may be utilized in many forms, must be implemented to track the digital asset.
Regarding claim 1, in the Remarks filed March 18, 2026 on page 13, para 3, the Applicant argues:
“Accordingly, Sogabe makes no mention of "material game information," "identifiers (IDs)", or "a character ID," let alone generating a raised game medium by associating a character ID included in the raising game medium with a raising parameter upon completion of a raising game within a computer game, as required by amended independent claim 1.”
The Examiner respectfully submits the argument provided immediately above regarding “identifiers (IDs)” and “a character ID”. Regarding the “material game information”, the instant application and Sogabe do not explicitly utilize the phrase, “material game information”; however, the Examiner assumes the Applicant refers to the “material game medium” utilized in claim 1 of the amended claims. Although Sogabe does not explicitly utilize the phrase, “material game medium”, the Examiner interprets the phrase to refer to a character due to the following recitation within the instant application (emphasis added):
“A material game medium is electronic data on which a raising game medium to be raised in the raising game is based, and a unique ID, an image of the character to be displayed on the display device 13, a character ID for uniquely identifying that character, and property information are associated with the material game medium. The property information of a material game medium is information indicating properties of the material game medium and is represented by, for example, parameters indicating abilities and skills of the material game medium (character).” (Instant Application, [0027])
As in the argument above discussing the sire list, Sogabe does disclose the use of characters (i.e., the sires). Sogabe discloses a raised game medium through the association of a character ID included in the raising game medium as cited within the rejection section above through the implementation of children horses, pedigrees, and the continuation of raising horses through said pedigrees of previously raised horses.
Regarding claim 1, in the Remarks filed March 18, 2026 on page 13, para 3, the Applicant argues:
“Additionally, Sogabe makes no mention of a computer game that includes a main competition game and a raising game, as required by amended independent claim 1.”
The Examiner respectfully submits that Sogabe discloses a multi-faceted race-horse breeding game. As disclosed in [0035] of Sogabe, (emphasis added), “The race-horse breeding game of the present invention progresses in such a manner that the user, who is an owner of horses, inputs various selection and instruction, and the game system produces race-horses from the sires and mares selected by the user, breeds them and make them run the races.” As disclosed in the cited portion, Sogabe discloses a breeding game (i.e., raising game) and a racing game (i.e., competition game).
Regarding claim 1, in the Remarks filed March 18, 2026 on page 13, para 4 to page 14, para 1, the Applicant argues:
“Accordingly, Sogabe fails to disclose or suggest, inter alia, "accepting, within the computer game, a material game medium that is selected by the player among a group of material game media as a raising game medium that is to be raised in the raising game" and "executing a computer game comprising a main competition game in which a player uses a game medium and a raising game in which the player raises the game medium" (emphasis added), as recited in amended independent claim 1.”
The Examiner respectfully submits that Sogabe discloses selecting a sire/character (i.e., material game medium) among a group of sires/characters (i.e., material game media) as illustrated in the following paragraph:
“first the basic ability value of the child horse is determined based on the pedigree data of the selected sire. Then, based on the variation amount of the updated evaluation value of the sire, the basic ability value of the child horse is corrected. Therefore, not only the pedigree data but also the sire's ability at that time is reflected to the ability value of the child horse. Thus, the user can know the variation condition of the sire evaluation value to produce stronger horses.” (Sogabe, [0013])
Furthermore, regarding the “main competition game”, the Examiner respectfully directs the Applicant to the previous corresponding arguments.
Regarding claim 1, in the Remarks filed March 18, 2026 on page 14, para 2, the Applicant argues:
“Sogabe also fails to disclose or suggest, inter alia, "executing, within the computer game, the raising game in which the raising game medium is to be raised, changing a raising parameter varying in the raising game based on at least one item of property information possessed by the inherited game medium" and "generating, within the computer game, the raised game medium by associating a character ID included in the raising game medium with the raising parameter upon completion of the raising game" (emphasis added), as recited in amended independent claim 1.”
The Examiner respectfully submits that the argued features are present within Sogabe.
Regarding the “changing parameter varying in the raising game based on at least one item of property information possessed by the inherited game medium”, Sogabe discloses, “a child horse ability determining unit for determining a basic ability value of a child horse based on pedigree data of the sire designated by the sire designating unit” (Sogabe, [0012]). The child horse ability determining unit determines a basic ability value of a child horse (i.e., changing parameter varying in the raising game) based on pedigree data of the sire (i.e., property information possessed by the inherited game medium).
Regarding the “generating, within the computer game, the raised game medium by associating a character ID included in the raising game medium with the raising parameter upon completion of the raising game”, the instant application defines the completion stage of the raising game medium to occur as the values of the raising parameters become the parameter values of property information of a raised game medium (Instant Application, [0029], “At the completion stage of the raising game, the values of the raising parameters become the parameter values of property information of a raised game medium (described below) the raising of which has been completed in the raising game.”). Thus, Sogabe discloses this feature by using pedigree data of sires (i.e., raised game medium) to inform the child horse parameters (i.e., raising game medium).
Applicant does not argue claims 2 and 4-16 separately with particularity.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/Z.J.P./Examiner, Art Unit 3715
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715
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